Powerful Advocates For Delaware Families In Wrongful Death Claims

The loss of a loved one due to negligent or reckless actions can be difficult to bear. After a fatal accident or negligent error that results in death, surviving family members, including parents, spouses, children or siblings, can pursue a wrongful death suit against those responsible for their loss.

While recovering money for the untimely loss of a loved one is an inadequate remedy, it is the only remedy the law allows. By resolving a legal claim, either through a settlement or a jury verdict, you can hold the responsible party accountable for its actions. The injury lawyers of Young Conaway Stargatt & Taylor, LLP, have extensive experience helping family members recover compensation after a loved one’s death. Over our lawyers’ history, we have successfully settled or tried many wrongful death cases. We take pride in helping families recover the financial resources they need.

Under Delaware Law, When Can A Death Become A Legal Claim?

Under Delaware wrongful death law, a claim arises when another party’s negligent, reckless or intentional conduct directly results in a person’s death. If someone’s careless or unlawful actions caused a fatal accident, surviving family members may have the right to pursue a civil lawsuit. Delaware law recognizes a broad range of circumstances that can form the legal basis for these claims. Fatal auto accidents involving distracted drivers, medical malpractice death claims arising from surgical errors and fatalities linked to unsafe properties can all give rise to wrongful death actions. If another party’s conduct contributed to your loved one’s death, your family may have the right to seek justice.

A Civil Wrongful Death Claim Is Not The Same As A Criminal Case

Families often wonder whether the law treats wrongful death and murder the same way. It does not. The state brings criminal homicide cases to punish the person responsible for the death. A civil wrongful death claim is entirely separate and focuses on securing financial compensation for the family. The two cases operate independently and under different legal standards. Your family can pursue a civil lawsuit for a fatal accident even if the state never files criminal charges or a jury finds the responsible party not guilty in criminal court. Civil cases carry a lower burden of proof, meaning a wrongful death claim can succeed even when a criminal case does not.

Types Of Fatal Accidents That Can Lead To A Wrongful Death Claim

Wrongful death claims can arise from many different types of accidents and incidents. At Young Conaway Stargatt & Taylor, LLP, we handle cases stemming from a wide range of circumstances, including:

• Motor vehicle collisions: Drunk driving, distracted driving, commercial trucking crashes and motorcycle accidents rank among the leading causes of fatal accidents in Delaware.
• Medical malpractice: Surgical errors, failure to diagnose a serious condition and fatal medication mistakes can all support a medical malpractice death claim.
• Premises liability and workplace accidents: Fatal slips and falls, construction site deaths, and injuries from defective products all fall within this category.

No matter the circumstances surrounding your loved one’s death, we will carefully evaluate whether a wrongful death claim may be an option for your family.

Don’t Wait To Contact A Skilled Law Firm

It is important to contact us right away if you believe negligence played a role in your loved one’s death. In Delaware, you only have two years from the date of your family member’s death to file a lawsuit against any responsible parties per 10 Del. C. § 8107.

Our wrongful death attorneys will make sure your case is handled correctly from the start. Wrongful death lawsuits may result in compensation to help pay for funeral expenses, the loss of economic benefits like future earnings, your mental anguish, and pain and suffering. All of these factors may be considered by a judge or jury to determine damages awarded in your case.

Wrongful death cases require skilled and experienced attorneys by your side. Our law firm has the resources available to review all of your options and help you obtain the best possible resolution.

Who Can File A Wrongful Death Claim?

In Delaware, there are particular rules that determine who is eligible to initiate a wrongful death claim. The law gives certain family members the right to pursue justice through these claims since it acknowledges that they experience the most hardship after losing a loved one.

In these situations, the principal standing to bring a wrongful death claim is held by the deceased’s parents, spouse and children. Siblings, however, might be able to pursue the claim if the deceased had no surviving parents, spouse or children.

Each eligible family member may seek different types of compensation based on their relationship with the deceased:

• Surviving spouses can pursue compensation for loss of companionship, mental anguish and loss of financial support. They may also recover medical expenses paid before their spouse’s death and funeral costs.
• Children who lose a parent can claim damages for lost guidance, nurturing and financial support, including future educational expenses. Adult children maintain the right to file claims, though the compensation structure may differ from that of minor children.
• Parents who lose a child can seek damages for emotional suffering and, in cases involving adult children, may recover medical expenses they covered. When parents are divorced, they both maintain equal rights to participate in the claim.

Due to the statute of limitations, which mandates filing within two years, timely action is a decisive factor in preserving your legal privileges. Remember, your insurance company may attempt to settle quickly, but accepting an offer without reputable legal guidance may limit your family’s total recovery.

Your family’s relationship with the deceased person affects both eligibility and potential compensation. As such, the Delaware courts consider the following when determining awards:

• The deceased’s earning capacity and life expectancy
• The nature of your relationship and dependency
• Medical expenses and funeral costs
• The impact of the loss on your family’s financial stability

Establishing the right to file requires that you properly document your relationship with the deceased and demonstrate how their death affected you financially and emotionally. This forms the foundation for a favorable outcome.

Talk To Our Law Firm Today

With an office in Wilmington, we represent victims and families throughout Delaware. To discuss your specific case, call us at 302-298-0370 or submit your information online to schedule your free initial consultation.